Rulemaking Procedures Update

John W. Van Steenburg
Federal Motor Carrier Safety Administration
1 March 2021

[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11891-11892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04110]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 389

[FMCSA-2016-0341]
RIN 2126-AB96


Rulemaking Procedures Update

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), U.S. 
Department of Transportation.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2021, from 
the Assistant to the President and Chief of Staff, titled ``Regulatory 
Freeze Pending Review,'' the Department delays the effective date of 
the final rule, ``Rulemaking Procedures Update,'' until March 21, 2021.

DATES: As of March 1, 2021, the effective date of the final rule 
published on December 31, 2020, at 85 FR 86843, is delayed until March 
21, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Steven J. LaFreniere, Regulatory

[[Page 11892]]

Ombudsman, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Ave. SE, Washington, DC 20590-0001, (202) 366-0596, 
steven.lafreniere@dot.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    A copy of the notice of proposed rulemaking (82 FR 36719, August 7, 
2017), all comments received, the final rule, and all background 
material may be viewed online at http://www.regulations.gov using the 
docket number listed above. A copy of this document will be placed in 
the docket. Electronic retrieval help and guidelines are available on 
the website. It is available 24 hours each day, 365 days each year. An 
electronic copy of this document may also be downloaded from the Office 
of the Federal Register's website at http://www.ofr.gov and the 
Government Publishing Office's website at http://www.gpo.gov.

Background

    On January 20, 2021, the Assistant to the President and Chief of 
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.'' 
The memorandum requested that the heads of executive departments and 
agencies (agencies) take steps to ensure that the President's 
appointees or designees have the opportunity to review any new or 
pending rules. With respect to rules published in the Federal Register, 
but not yet effective, the memorandum asked that agencies consider 
postponing the rules' effective dates for 60 days from the date of the 
memorandum (i.e., March 21, 2021) for the purpose of reviewing any 
questions of fact, law, and policy the rules may raise.
    In accordance with this direction, FMCSA has decided to delay the 
effective date of the final rule, ``Rulemaking Procedures Update'' (RIN 
2126-AB96), until March 21, 2021. The final rule amends FMCSA's 
rulemaking procedures by revising the process for preparing and 
adopting rules and petitions. Also, the Agency adds new definitions, 
and makes general administrative corrections throughout its rulemaking 
procedures. The delay in the rule's effective date will afford the 
President's appointees or designees an opportunity to review the rule 
and will allow for consideration of any questions of fact, law, or 
policy that the rule may raise before it becomes effective.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), FMCSA 
generally offer interested parties the opportunity to comment on 
proposed regulations and publish rules not less than 30 days before 
their effective dates. However, the APA provides that an agency is not 
required to conduct notice-and-comment rulemaking or delay effective 
dates when the agency, for good cause, finds that the requirement is 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive both of 
these requirements here as they are impracticable. A delay in the 
effective date of the final rule, ``Rulemaking Procedures Update,'' is 
necessary for the President's appointees and designees to have adequate 
time to review the rule before it takes effect, and neither the notice 
and comment process nor the delayed effective date could be implemented 
in time to allow for this review.

List of Subjects in 49 CFR Part 389

    Administrative practice and procedure, Highway safety, Motor 
carriers, Motor vehicle safety.

    Issued under authority delegated in 49 CFR 1.87.
John W. Van Steenburg,
Assistant Administrator.
[FR Doc. 2021-04110 Filed 2-26-21; 8:45 am]
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